The Collateral Source Rule and the Affordable Care Act: Implications for Life Care Planning and Economic Damages

Life care planning has become a well-established specialty practice to determine the future care needs and costs related to permanent disabling conditions. In concert with the collateral source rule, this paper investigates the potential effects of the Affordable Care Act (ACA) on the determination of economic damages related to the evaluee’s long-term care needs. The collateral source doctrine is explained. Given the climate of the collateral source doctrine, and the uncertainty of the ACA as challenges continue in both the United States Congress and the U.S. Supreme Court, there is an ongoing debate among life care planning and economic professionals on the implications for future practice and development of the life care plan.